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7
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HARRY HUGHES, Governor
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Article 44A - Housing Authorities
Section 4 and 23
Annotated Code of Maryland
(1982 Replacement Volume)
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BY repealing and reenacting, with amendments,
Article 44A - Housing Authorities
Section 23
Annotated Code of Maryland
(1982 Replacement Volume)
(As enacted by Chapter 46 of the Acts of the
General Assembly of 1970)
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BY adding to
Article 44A - Housing Authorities
Section 15(f)
Annotated Code of Maryland
(1982 Replacement Volume)
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Preamble
The Tax Equity and Fiscal Responsibility Act of 1982 amended
Section 103 of the Internal Revenue Code to provide that the tax
exempt status of certain bonds issued by a political subdivision
of a state is dependent on the approval of the bonds by an
elected public official or an elected legislative body after a
public hearing. This provision will be applied to bonds issued
by housing authorities created pursuant to the Housing
Authorities Law. Since the commissioners of such housing
authorities are not elected officials, Section 103 of said Code
requires that such approval, after public hearing, be given by
the governmental unit which is the next highest governmental unit
having an elected public official or an elected legislative body
and from which the authority of the housing authority is derived.
A housing authority may exercise powers under this article
only after a declaration by the governing body of the city or
county in which the authority is located that there is a need for
an authority to function in the city or county and that the city
or county authorizes the authority to function therein.
The purpose of this Act is to establish that, under Maryland
law, a housing authority created under Article 44A of the
Annotated Code derives its authority from the city or county
which has authorized the authority to function, in the manner
provided in Section 4 Sections 4 and 23 of that article, and the
language in Section 4 Sections 4 and 23 creating a housing
authority in each city and county in the State is to be construed
as enabling legislation permitting each city and county to
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